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and did so without her own legal counsel, testified that the property owners do not pay the <br />beekeepers anything to be on the properties at issue and receive no motive other than what is set <br />forth in the rental contract agreement, and testified that "American Bee Project" certifies all <br />beekeepers and instructs them on taxes and business of bee apiary business and argued that there <br />is no "sham" going on as to how the business is being conducted in this capacity in light of the <br />fact that the "American Bee Project" receives a percentage of what the landowner saves in the <br />Greenbelt Agricultural Classification exemption tax savings and none of that savings goes to the bee <br />keepers because the beekeepers make their money on the open market of selling bee products. As a <br />result, Petitioners counsel as counsel, and as a witness, argued that the Petitioners are entitled to <br />the Greenbelt Agricultural Classification for the current year and argued that the undersigned Special <br />Magistrate should grant the Greenbelt Agricultural Classification on all parcels at issue and overturn the <br />denial of the same by the Indian River County Property Appraiser on 4/30/2013 for alI parcels at issue. <br />PROPERTY APPRAISER OPENING ARGUMENT: Eric Barkett, Esq. argued for the property <br />appraiser. Counsel argued that the Petitioners use of property are not "bone fide good faith use" <br />for commercial operations as per Florida Statute 193.461 and as a result are not entitled to the <br />Agricultural Classification and is a "brand new" agricultural use. Eric Barkett, Esq. argued that <br />the property, for example, that is a 20 acre parcel close to the hearing location on U.S. 1 next to <br />an abandoned driving range, is "completely overrun with Brazilian pepper trees" and that as of <br />that past Friday there was only one pallet (4 hives sitting on one pallet) of "beehive" that showed <br />"no living bees on it" on the property that counsel articulated and argued as an "example" of why <br />the denial of the Agricultural Classification that the Petitioner(s) is seeking. Using the 193.461 <br />Statutory Factors: Lengths of time - no bees and no agricultural products have ever been on that <br />property, Counsel argued. The claim of agricultural purposes is a new claim beginning in either <br />December of 2012 or January of 2013 because before that time, Counsel argued, there was no <br />agricultural use. Eric Barkett, Esq. argued that it is a "brand new agricultural use." Eric Barkett, <br />Esq. argued that Petitioner(s) business the "American Bee Project" and part of what that business <br />does is that they (the "American Bee Project") are actively and specifically looking for vacant <br />land in order to avoid the "single largest expense of holding the land" and that is achieved by <br />getting the Agricultural Classification exemption. Counsel pointed to the language of the <br />"American Bee Project" and the "what we do" elements of the documentary evidence submitted <br />by the Petitioners and duly admitted into evidence without objection, to, apparently, bolster his <br />argument that the Petitioners were not acting in "good faith" and as a result that the business is <br />from the "land owners perspective" is to inventory and hold until sale or development until said <br />property can be sold or developed. Counsel for the Property Appraiser appeared to argue that <br />Petitioners were not acting in "good faith" if indeed a landowner inventoried and held until sale <br />or development of property that could then be sold or developed for a greater benefit for the <br />property owner. Primary business to the land owner is the exemption, Counsel argued. Counsel <br />argued that the "American Bee Project" is paid a percentage that the landowner saves in the <br />Greenbelt Agricultural Classification exemption tax savings and none of that savings goes to the bee <br />keepers; that the beekeepers deal with the bees; and as a result the Petitioners should be denied said <br />11 <br />- 50 - <br />